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- Original (As enacted)
This is the original version (as it was originally enacted).
(1)An authorised officer of the appropriate council may enter and search any no-smoking premises in order to ascertain whether an offence under section 1, 2 or 3 has been or is being committed there.
(2)A power under this section may be exercised, if need be, by force.
(3)A person who—
(a)an authorised officer of a council reasonably believes—
(i)is committing or has committed an offence under section 1, 2 or 3; or
(ii)has information relating to such an offence; and
(b)fails without reasonable excuse to supply the officer with the person’s name and address on being so required by the officer,
commits an offence.
(4)A person guilty of an offence under subsection (3) is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(5)In this section—
“authorised” means authorised for the purposes of this section by the appropriate council;
“the appropriate council” means, in relation to no-smoking premises, the council of the area in which those premises are.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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